Loading presentation...

Present Remotely

Send the link below via email or IM

Copy

Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.

DeleteCancel

Make your likes visible on Facebook?

Connect your Facebook account to Prezi and let your likes appear on your timeline.
You can change this under Settings & Account at any time.

No, thanks

Criminal Law, For the Record

No description
by

Colleen Underwood

on 29 November 2013

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of Criminal Law, For the Record

Criminal Law, For the Record
Causes of Crime
Court Structure
What is Crime and Why Do People Commit it?
Conclusion
Review and Tips
Why Do People Commit Crime?
What is Crime?
Crime As a Social Construct:
KWL
Why do people commit crime?
Classic Theory
Biological Theory
Psychobiological Theory
Sociological Theory
Interactionist Theory
Crime and Criminal Law in Canada
The Criminal Code
The Criminal Code was first adopted in 1892, over the past 121 years it has been revised and changed to continue to reflect the current and constant changes in social, political and economic environments.
Crime as a Social Construct
Reading: Introduction to Criminal Law

- Exit Slip
- Questions 1 & 2 from Apply
What is "crime " is constantly in FLUX.
Non-criminality
- States that nothing is a crime unless the law specifically so provides.
Society
Change
- As the values, norms and mores of society change, laws are changed to reflect the current worldview of dominant groups in society.
Morality
- Some actions are deemed criminally offensive because
they offend the morality of the predominant worldview in society.
4 Terms: Why is Crime a Social Construct?
In order for an Action or Omission to be considered a crime, certain conditions must be met:
Criteria:
Crime:
Harm:
Dialogue Vs. Debate
12 angry men
Watch
Mock Trials
Reflecting Back to Unit One;
Traditional View of Justice and Law
a view towards
community led justice
a belief that
laws developed in harmony with the natural environment
learning the norms of society is though modeling
offenders dealt with by community
SELF WORTH, DIGNITY, HOPE and HEALING
of
offenders
AND
community were paramount
Western European View of Justice and Law
an
adversarial system
a
punishment system for non-compliance
with law
codified law and/or common law
,
deterrence as a goa
l of sentencing
_________

- Crime is caused by the individual's free will.

-Human beings are rational, and make decisions freely and
with understanding of consequences
.

- Crime is an immoral form of behaviour.

-Immoral behaviour will weaken the society.
Solutions to Crime
Beliefs of Theory
-
Punishment is
a
necessary
evil required to deter criminals and to serve as an example for those who would violate the law.

-Crime
prevention is possible through swift and certain punishment
that counters any possible gains from criminal behaviour.

-
More prisons and stiffer criminal laws
with greater penalties for offenders are the best solutionc to crime.
Beliefs of Theory
- The basic determinants of human behaviour are, to a large degree, determined by genetics.

- These determinants may be passed from one generation to the next;
criminal behaviour is genetically inherited.

- Human DNA, enviromental contaminants, nutrition, horomones, physical trauma (especially brain) and body chemistry all combine to contribute to criminal behaviour.
Solutions to Crime
-The
Eugenics movement
appeared, including state-mandated sterization of "feeble minded persons" in British Columbia and Alberta in the 1950's

-
Prevention of
additional
offspring would end the
genetic
criminal cycle
.

-Research to find the gene responsible for crime will allow medical science to turn off the gene in question once located.
Beliefs of Theory
- Chromosomal abnormalities, reactions to foods , vitamin deficiencies, or environmental allergies, combined with a particular genetic make-up, will predispose some individuals to criminal behaviour.
Solutions to Crime
- Since no such gene has been discovered,
medicinal approaches are employed
using tranquilizers, antipsychotic drugs and other mood-altering drugs
to control behaviour.
Beliefs of Theory
- The
social environment is the cause of criminal behaviour
, with
weak or broken bonds to family, school and religion being the catalyst
to criminal behaviour.

-People engage in criminal behaviour because they do not see the benefits of adhering to conventional social values, and
believe crime is a way to improve personal social conditions.
Solutions to Crime
-
Positive alternatives
divert people's attention away from criminal activity and
create a sense of belonging, competence and empowerment.

-
Social programs
that change the cultural and social conditions thought to lead people into crime are the best solution.
Beliefs of Theory
-
Association with other criminals
is the factor most
contributing to criminal behaviour
among individuals.

-
Failures of self-direction, and inadequate social roles
are the
root causes of criminal behaviour.
Solutions to Crime
-
Offenders have the responsibility and ability to change their own behaviours.

-
Opportunities for positive interaction
with society will enable the criminal, or would be criminal, to choose production and lawful behaviours to meet needs.
- This means that an accused must be charged under a specific statute and the burden is upon the prosecution to present facts to prove the offense charged.
Is a system in which
individuals and social organizations
performing a variety of roles
interrelate with each other according to a set of mutual expectations
and in ways
controlled by the social and natural environments.
- the action must
cause harm to others or society

- the harm
must be serious
, both in nature and degree

- the harm must be
best dealt with through criminal law
Are the
rules or standards
that are accepted and used to provide a
consistent basis for making judgements.
Is an act or omission, prohibited by law, which is considered a wrong
against society and society's values and morals.
Some actions are deemed criminally offensive because they cause harm to the individual, in a physical or social-emotional way. Other actions are deemed criminally offensive because they harm or damage public institutions or practices.
Jurisdiction
The federal government has the sole power and responsibility to create criminal law
, while the
provinces
have the power and responsibility for the
administration and enforcement
of criminal law.
Some revisions are
administrative
, where
regulations or statues
have become outdated and
need to be modernized/updated
.
Other changes to the code have been
substantive
which includes:
creating, changing and disregarding offenses by changing legislation
.
Response to change in worldview.
Response to change in society.
Crime as a Social Construct & The Various Approaches
A Study in Media: " The Real Costs of Prison"
Offences
Against the Person
Against Property
Against Morality
Ankh Morpork
A Jigsaw
- In groups of seven we will be studying a few pieces of literature.
Each Group will produce a good copy and a rough.
- mark up your own as much as you like, you will be teaching your copy to others
Procedure:
- READ the comic together and Answer questions in your rough copy without research.
- Research the material as directed.
- Return from research, discuss questions a final time and create your "Good Copy".
- Make sure you have your groups final thoughts and yours in your copy
- Get into groups of three and tell them about your comic, research and conclusions.

Demographics:
Who is committing crime in Canada?
Predominately: young(20-34 years), male (97%), unmarried (60%), Caucasian (80%of males, first time offence that's sentencing is under 6 years
Factors that contribute to criminal activity:
- alcohol/ substance abuse
- poverty
-violence at home
- mental and emotional disturbance
-lack of education
Your coorelational evidence:
- 50% involved with drugs or alcohol
- 40% of non-violent crimes are low-level
-80% of men have been physically abused
- 31% of women, 14.5% of men have mental issues
-70% of offenders are below grade 8 education
What makes criminals different:
Two items make those called criminals different from the average citizen:
- The seriousness of their illegal activity.
-The frequency of their illegal activities
Predictable Irrationality
Elements of Crime
Classification of Criminal Offences

Actus Reus
- the guilty act: an illegal act that is committed through voluntary action, omission, or state of being
Above all 5 perpetrators caused a death, however their culpability differed.
Action- An act that is against the law
Exemplar: I punch you.

Omission- An inaction that is illegal.
Exemplar: I start CPR, then stop when you still aren't breathing, or inhibit a cop

State-Either through possession of or your current locations
Exemplar- I am in possession of heroin and trespassing, double whammy.. damn.

Specific Intent-
Offender has intent when they act, to cause a certain outcome


Example: Offender swings a bat at a plaintiffs head, hoping to cause harm. They swing the bat and cause a severe head injury. The offender got what they intended.
General Intent-
A defendant has general intent when he/she knows with substantial certainly that consequences will occur and then upon action they do.

Example:
Pulling a chair from someone, you know they are going to fall, but expect it not to result in a serious injury.
Summary Conviction Offences
Limitation Periods-
Offence must be prosecuted within SIX months of the date it occurred.
Police Powers-
Police must observe the crime
Prosecution-
Private person my press charges if crown refuses to lay charges.
Pre-trail Procedures-
No Preliminary hearings.
Type of Court-
Tried in Provincial Court.
Presence of Accused-
Not required (lawyer can represent).
Method of Trial
- No jury trials.
Penalties-
Limited to fines up to 2000$ and/or up to SIX months in jail.
Criminal Record-
No criminal record results from a conviction on a summary offence.
Examples:
Public Nudity, cruelty to animals, trespassing, causing a disturbance, etc.
Limitation Periods-
No limitation on time when the offence may be prosecuted.
Police Powers-
Police have broader powers of search and arrest.
Prosecution-
Private person may prosecute with permission of Crown, but it is almost always the Crown that Prosecutes.
Pre-trail Procedures-
Preliminary hearings may be held.
Type of Court-
Tried in Provincial Court or Superior Court.
Method of Trail
- Accused may choose to be tried by a judge or by a judge/jury.
Presence of Accused-
Required
Penalties-
Required.
Criminal Record-
Heavier penalties allowed, up to life in prison.
Examples
:
Perjury, arson, murder
Limitation Periods-
No limitation on time when the offence may be prosecuted.
Police Powers-
Police have broader powers of search and arrest.

Prosecution-
Summary/Indictable
Pre-trail Procedures-
Summary/Indictable
Type of court-
Summary/Indictable
Method of Trial-
Summary/Indictable
Pressence of Accused-
Summary/Indictable
Penalities-
Summary/Indictable
Criminal Record-
Summary/Indictable
Examples:
Theft under 5000$, mischief, sexual assault, etc.
Canadian Court System
There are basically 3 levels of courts similar to how the following will be described in every Canadian province:
Provincial Court, Court of Queen's Bench and the Court of Appeal.

Then, there are also some federal courts... mostly to do with income tax and citizenship.

Finally there is
the Supreme Court of Canada which is the highest court.

Provincial Court
- The jurisdiction of the Provincial Court is determined by the Provincial Court Act and includes:
-Small claims
-Youth court
- First appearances on all criminal matters
-In some centers:
-child protection, familycourt, drug treatment court, domestic violence court
-
Judges are appointed by the Province

Court of Queen's Bench
This court can hear both civil and criminal trials. It is also an appeal court for some criminal cases originally tried in Provincial Court and smaller claims cases.

-Jury trial and Judge trial take place here
-Judges are appointed by the Government of Canada
Court of Appeal
This court hears appeals from the Court of Queen's Bench. It can also be the appeal court for some criminal cases from the Provincial Court.

-an appeal judge can only overrule a lower court if an error was made in terms of how the law was applied.
Federal Courts
Deal with matters such
as civil cases involing the federal government, as well as matters dealing with patent, copyright and maritime law
.

Some
Specialized Courts
, one of which is the Tax Court of Canada, another is the Federal Court of Appeal.
Federal Boards/ Tribunals:
-Human Rights Commission, Immigration and Refugee Board
Supreme Court of Canada
Consists of
8 Judges and a Chief Justice.
It is
the highest court in Canada. The decisions are final and conclusive.
Jurisdiction over all civil and criminal matters throughout Canada.
- civil cases around large sums of money
-serious criminal offences
-"important application of the law"
Indictable Offences
Dual Offences
The Right and Honorable Beverley McLachin
Handout:
Criminal Court Structure

Building Your Understanding 2, 4, 5, 7

Role of the Jury

Building Your Understanding 1, 2, 3, 4
Criminal Court Structure:

2. Provincial Court, Superior Court
(Court of Queen's Bench)

4. An inquiry to determine whether there is sufficient evidence to put the accused on trial.
These hearings are held in Provincial Court, they decide if the accused will go on trial and if yes, then at what level.

5. s. 554= Theft/Fraud over $5000, the choice given according to this section is that because it is an electable offence that the option of being tried in Provincial Court(Judge no Jury) or under the Court of Queen's Bench.

7. Supreme Court of Canada
The Role of the Jury

1. A juror has certain qualifications, these are:
- Canadian citizenship
- 18 years
- Resident of the Province
Cannot be:
- A person that was publicity elected
2. Reasons why a person may be exempted from jury duty: religious reasons, health, financial hardship, served time in past two years.

3. Challenge for Cause, when the prospective Juror may have a reason to not be a part of the jury:
-already formed an opinion on the cause.
- convicted a serious offence
- physically unable to perform the duties

4. Peremptory Challenge is when the accused states they do not want a juror to judge them. This is to grant the accused with power over the process to maintain equity in the proceedings between accused and state.
12 Angry Men
-unanimously?
-Juror 8, Motivations?
- reasonable doubt?
-Juror 8, Methods of persuasion?
- Neighborhood
- What if Juror 8 wasn't there?
- Race/Class and the criminal system.

-
Culpable homicide
, occurs when someone causes the death of another person and there was
intentionally, or knowingly, or recklessly
then it is culpable.
-
Non-culpable homicide
, occurs as a result of accidental circumstances, where no intent to harm or death and no criminal recklessness exist... it is
accidental or negligent
.

First-degree- Murder is planned and deliberate
Second-degree- Murder is planned and deliberate, however there are circumstances, such as the situation, the character of the accused and the accuses remorse.
Manslaughter- no direct intent, but a death occurs during other unlawful acts
-When murder is defined as a result of Provocation, defined as a wrongful act or an insult that is of such offence that it deprives the ordinary person of self-control (yes, being blitz sometimes counts)
- the highest level of intent allowed is general intent

Assault- causing bodily harm
Aggravated Assault- wounding, maiming, disfiguring or endangering the life of a complainant. Consent is not a defense, even if the complainant agreed to the assault.
Theft - taking property, however briefly that is not yours without permission
Robbery-taking property, however briefly that is not yours , by force. Through use of threats, violence, or weapons.
Break & Enter- entering private property and taking property
that is not yours,

entering private property to retrieve property
.
- can be charged with possession of instruments as well, punishable to up to 10 years in prison.
Property Con't:
Mischief- Damaging, interfering or interrupting property
Color of Right- If you are under the belief that you are acting legally
- Mama's car - Possession of Stolen Property
Fraud- intentionally deceiving the public, or a person from which a loss is suffered by the public, or the person.
Gambling
- to bet things of value on a game of chance. Gambling in government run facilities or through government sanctioned organization is legal.
It is illegal to bet things of value in a game chance in a realm not overseen by the government.
Solicitation- communicating for the purpose of prostitution is illegal
, therefore one should never be approached by someone for sale of sex, sale of pretzels is okay if you have a business license.
Obscenity- any publication that combines the undue exploitation of sex with any of the following: crime, horror, cruelty and violence
White Collar Crime
Involvement in a Crime
A term used to describe non-violent crime that is committed for financial gian though deceptive means. This crime is often committed by TRUSTED individuals that victims rely on for a certain expertise. White-collar crime includes things like embezzlement, fraud, insider trading, market manipulation, product misrepresentation, profit exaggeration and identity theft.
The
Perpetrator
: Is the
person who actually commits the crime
. If there are more than one perpetrators, so
if more than one person who commits the crime
then
they are called "co-perpetrators"
. In every case, the person
has to be present
at the scene of the crime to be identified as such.

Aiding:
When people are
not directly involved
in committing a crime
but may be considered partly responsible
.
Parties to an offense- those people who are indirectly involved in committing a crime.
Linked to the crime because they somehow assisted the perpetrator.
In criminal law, aiding simply means
helping a perpetrator to commit a crime.
They
do not have to be present
when the offence is committed.
Abetting: encouraging
the perpetrator of a crime
without actually providing physical assistance.
-
a person is NOT guilty of abetting just because they have knowledge of a crime or present of the scene.
The
party must be aware that a criminal action was intended and must have committed some action that assisted
the perpetrator.
Counseling: A crime that involves advising, recommending or persuading another person to commit a criminal offence.
As with aiding, a person who counsels
does not need to be at the scene of the crime to be guilty.
Accessory after the Fact
:
Even
after a crime occurs, it is possible for someone who did not participate in it or help plan it to be held responsible
for that crime.
- A person can only be
considered an accessory if they knew that someone was involved in an offence and recieved, comforted or assisted that person in escaping
from the police.
Party to Intention
: the
shared responsibility
among criminals
for any additional offences that are committed in the course of the crime they originally intended to commit.

Incomplete Crimes: criminal attempt and conspiracy
Attempt: intention to commit a crime, even when it is not completed
Conspiracy: an agreement between two or re people to carry out an illegal act, even if that act does not actually occur
2008- Canadian have lost 36 million from identity theft, mass marketing and advanced fee fraud alone.
-much of the lower level fraud goes unreported because victims are embarrassed
Full transcript